BERT HOWE
  • Nationwide: (800) 482-1822    
    multi family housing expert witness Anaheim California condominium expert witness Anaheim California Medical building expert witness Anaheim California parking structure expert witness Anaheim California institutional building expert witness Anaheim California concrete tilt-up expert witness Anaheim California housing expert witness Anaheim California low-income housing expert witness Anaheim California high-rise construction expert witness Anaheim California condominiums expert witness Anaheim California custom homes expert witness Anaheim California casino resort expert witness Anaheim California tract home expert witness Anaheim California production housing expert witness Anaheim California landscaping construction expert witness Anaheim California retail construction expert witness Anaheim California townhome construction expert witness Anaheim California office building expert witness Anaheim California mid-rise construction expert witness Anaheim California Subterranean parking expert witness Anaheim California industrial building expert witness Anaheim California structural steel construction expert witness Anaheim California
    Arrange No Cost Consultation
    Construction Expert Witness Builders Information
    Anaheim, California

    California Builders Right To Repair Current Law Summary:

    Current Law Summary: SB800 (codified as Civil Code §§895, et seq) is the most far-reaching, complex law regulating construction defect litigation, right to repair, warranty obligations and maintenance requirements transference in the country. In essence, to afford protection against frivolous lawsuits, builders shall do all the following:A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, schedules, and practices may subject the homeowner to the affirmative defenses.A builder, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss, or liability if the builder can demonstrate any of the following affirmative defenses in response to a claimed violation:


    Construction Expert Witness Contractors Licensing
    Guidelines Anaheim California

    Commercial and Residential Contractors License Required.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Building Industry Association Southern California - Desert Chapter
    Local # 0532
    77570 Springfield Ln Ste E
    Palm Desert, CA 92211
    http://www.desertchapter.com

    Building Industry Association Southern California - Riverside County Chapter
    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501


    Building Industry Association Southern California
    Local # 0532
    17744 Sky Park Circle Suite 170
    Irvine, CA 92614
    http://www.biasc.org

    Building Industry Association Southern California - Orange County Chapter
    Local # 0532
    17744 Skypark Cir Ste 170
    Irvine, CA 92614
    http://www.biaoc.com

    Building Industry Association Southern California - Baldy View Chapter
    Local # 0532
    8711 Monroe Ct Ste B
    Rancho Cucamonga, CA 91730
    http://www.biabuild.com

    Building Industry Association Southern California - LA/Ventura Chapter
    Local # 0532
    28460 Ave Stanford Ste 240
    Santa Clarita, CA 91355


    Building Industry Association Southern California - Building Industry Association of S Ca Antelope Valley
    Local # 0532
    44404 16th St W Suite 107
    Lancaster, CA 93535



    Construction Expert Witness News and Information
    For Anaheim California

    President Obama Vetoes Keystone Pipeline Bill

    Improvements to AIA Contracts?

    Illinois Court Addresses Coverage Owed For Subcontractor’s Defective Work

    Does Your U.S. Company Pull Data From European Citizens? Fall In Line With GDPR by May 2018 or Suffer Substantial Fines

    Surviving a Tornado – How to Navigate Insurance Claims in the Wake of the Recent Connecticut Storm

    Insurance Policy Language Really Does Matter

    Breaking with Tradition, The Current NLRB is on a Rulemaking Tear: Election Procedures, Recognition Bar, and 9(a) Collective Bargaining Relationships

    Supreme Court of Wisconsin Applies Pro Rata Allocation Based on Policy Limits to Co-Insurance Dispute

    Managing Infrastructure Projects with Infrakit – Interview with Teemu Kivimäki

    Is Construction Defect Litigation a Cause for Lack of Condos in Minneapolis?

    Bridge Disaster - Italy’s Moment of Truth

    Why Is California Rebuilding in Fire Country? Because You’re Paying for It

    Landlords Beware: Subordination Agreements

    FHFA’s Watt Says Debt Cuts Possible for Underwater Homeowners

    What the FIU Bridge Collapse Says About Peer Review

    Is Solar the Next Focus of Construction Defect Suits?

    Supreme Court Holds Arbitrator can Fully Decide Threshold Arbitrability Issue

    Attorneys' Fees Awarded "Because Of" Property Damage Are Covered by Policy

    Franchisors Should Consider Signing a Conditional Lease Assignment Rather Than a Franchisee’s Lease

    Seven Coats Rose Attorneys Named to Texas Rising Stars List

    NY Attorney General to Propose Bill Requiring Climate Adaptation for Utilities

    Home Builder Doesn’t See Long Impact from Hurricane

    CA Supreme Court Expands Scope of Lawyers’ Statute of Limitations to Non-Legal Malpractice Claims – Confusion Predicted for Law and Motion Judges

    Communicate with the Field to Nip Issues in the Bud

    Anti-Assignment Provision Unenforceable in Kentucky

    Quick Note: Insurer’s Denial of Coverage Waives Right to Enforce Post-Loss Policy Conditions

    10 Answers to Those Nagging Mechanics Lien Questions Keeping You Up at Night. Kind of

    London’s Best Districts Draw Buyers on Italian Triple Dip

    Boston-area Asbestos-Abatement Firms Face Wage and Safety Complaints

    Private Project Payment Bonds and Pay if Paid in Virginia

    Nationwide Immigrant Strike May Trigger Excusable Delay and Other Contract Provisions

    Citigroup Reaches $1.13 Billion Pact Over Mortgage Bonds

    Iconic Seattle Center Arena Roof the Only Piece to Stay in $900-Million Rebuild

    Colorado Abandons the “Completed and Accepted Rule” in Favor of the “Foreseeability Rule” in Determining a Contractor’s Duty to a Third Party After Work Has Been Completed

    White and Williams Announces Lawyer Promotions

    SEC Approves New Securitization Risk Retention Rule with Broad Exception for Qualified Residential Mortgages

    Idaho Supreme Court Address Water Exclusion in Commercial Property Exclusion

    California Court of Appeal Adopts Horizontal Exhaustion Rule

    Notice of Completion Determines Mechanics Lien Deadline

    N.J. Governor Signs Bill Expanding P3s

    Construction Attorneys Tell DBR that Business is on the Rise

    Mortgage Whistleblower Stands Alone as U.S. Won’t Join Lawsuit

    Dave McLain named Barrister’s Best Construction Defects Lawyer for Defendants for 2019

    The Construction Industry's Health Kick

    SunEdison Gets Shinsei Bank Funding for Japan Solar Power Plant

    Construction Law Breaking News: California Supreme Court Rules in Favor of Beacon Residential Community Association

    Construction Laborers Sue Contractors Over Wage Theft

    THE CALIFORNIA SUPREME COURT HAS RULED THAT THE RIGHT TO REPAIR ACT (SB800) IS THE EXCLUSIVE REMEDY FOR CONSTRUCTION DEFECT CLAIMS NOT INVOLVING PERSONAL INJURIES WHETHER OR NOT THE UNDERLYING DEFECTS GAVE RISE TO ANY PROPERTY DAMAGE in McMillin Albany LL

    Construction Lien Waiver Provisions Contractors Should Be Using

    Cable-Free Elevators Will Soar to New Heights, and Move Sideways
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    With over 4500 building and claims related expert witness designations, the Anaheim, California Construction Expert Directory delivers a streamlined multi-disciplinary expert retention and support solution to builders and construction claims professionals concerned with construction defect, scheduling, and delay matters. BHA provides construction related trial support and expert consulting services to the nation's most recognized construction practice groups, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. Utilizing in house assets which comprise construction cost and scheduling experts, registered design professionals, forensic engineers, certified professional estimators, the firm brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California civil engineering expert witnessAnaheim California construction expertsAnaheim California architecture expert witnessAnaheim California expert witness structural engineerAnaheim California construction scheduling and change order evaluation expert witnessAnaheim California expert witness roofingAnaheim California building expert
    Construction Expert Witness News & Info
    Anaheim, California

    “Families First Coronavirus Response Act”: Emergency Paid Leave for Construction Employers with Fewer Than 500 Employees

    March 30, 2020 —
    COVID-19 has already taken a toll on construction projects across the nation. Construction industry participants, including general contractors, now face risks and challenges that are exceedingly difficult to anticipate and plan for. The spread of this virus has and will continue to create new labor force issues and amplify existing ones. On March 18, 2020, the House of Representatives passed H.R. 6021, the “Families First Coronavirus Response Act,” which, contains provisions related to mandatory paid leave for employers with fewer than 500 employees. This legislation and the substantial obligations it imposes apply to the overwhelming number of general contractors in the nation—those with less than 500 full-time employees! The bill mandates up to 80 hours of “emergency paid leave” related to COVID-19, and not just for those who contract the illness. However, contractors with less than 50 employees may seek exemption. Reprinted courtesy of Sidney Lewis, Jones Walker LLP and Alex Glaser, Jones Walker LLP Mr. Lewis may be contacted at slewis@joneswalker.com Mr. Glaser may be contacted at aglaser@joneswalker.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    MTA Debarment Update

    December 02, 2019 —
    Alliance for Fair and Equitable Contracting Today, Inc., a nonprofit formed by five trade associations, including the GCA, the BTEA and the NY Building Congress, has sued the Metropolitan Transportation Authority over rules that debar contractors for delays and cost overruns on MTA projects without regard to the reasons for the delays and cost overruns. As described in our prior client alert (see here), the current rules automatically debar firms that are determined to have gone over the MTA approved contract price or time by more than 10%. The rules do not consider mitigating circumstances. Delays and cost overruns are often caused by unforeseen conditions, design errors and omissions, and changes requested by the MTA. The MTA’s rules could lead contractors to absorb additional costs they shouldn’t be responsible for rather than face the risk of being debarred. As argued in Alliance’s action, “Debarment is the death penalty for a public works contractor, and not just in New York. A debarment by the MTA could result in debarment nationwide, given that public and private contractors throughout the country commonly inquire about bidders’ debarment history when considering project bids. The Debarment Statute and MTA Regulations thus effectively export an unreasonable law not only throughout New York State, but to all other states as well.” Reprinted courtesy of Saxe Doernberger & Vita, P.C. attorneys Steven M. Charney, Gregory H. Chertoff and Paul Monte Mr. Charney may be contacted at scharney@pecklaw.com Mr. Chertoff may be contacted at gchertoff@pecklaw.com Mr. Monte may be contacted at pmonte@pecklaw.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    COVID-19 Business Closure and Continuity Compliance Resource

    March 30, 2020 —
    In less than a few weeks’ time, COVID-19 has changed the way we live and work. Businesses, large and small, have had to grapple with unprecedented challenges, including orders to close or significantly curtail operations in order to stem the transmission of the coronavirus. Often, these orders have not been clear or businesses are unsure whether they fit in a category that is deemed essential, life sustaining or other similar category that permits them to continue to operate. Or, the business believes that it is necessary for it to continue to operate for reasons that may not have been apparent to the governmental authority issuing the order. White and Williams has been busy assisting our clients in Connecticut, Delaware, Massachusetts, New Jersey, New York, Pennsylvania, Rhode Island and other states in understanding these orders. Below are government orders, and related resources, that have been announced and/or are currently in effect. White and Williams will continue to monitor these orders and add additional orders and resources as they are announced. Reprinted courtesy of White and Williams LLP attorneys Adam Chelminiak, Joshua Mooney and Ryan Udell Mr. Chelminiak may be contacted at chelminiaka@whiteandwilliams.com Mr. Mooney may be contacted at mooneyj@whiteandwilliams.com Mr. Udell may be contacted at udellr@whiteandwilliams.com Read the full story for government orders, and related resources, that have been announced and/or are currently in effect. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Endorsements Preclude Coverage for Alleged Faulty Workmanship

    December 30, 2019 —
    The court found coverage for alleged faulty workmanship was barred by the Combination Construction Related Endorsement and Roofing Endorsement. Evanston Ins. Co. v. A&S Roofing, 2019 U.S. Dist. LEXIS 142828 (W.D. Okla. Aug. 22, 2019). In 2010, A&S entered into a subcontract with the contractor to replace roofs on three buildings owned by Oklahoma Property Investors (OPI). Eagle was a subcontractor of A&S that installed the roofing. After the roofs were replaced, OPI filed suit against A&S, alleging that A&S provided 15-year warranties for the roofing work performed on the three buildings and that A&S breached each warranty by performing the work in a poor manner, resulting in failures to each of the roofs. OPI sought monetary relief including damages to its properties, of its tenants, and costs of repairs to its properties. A&S's insurer, Evanston, denied coverage. Evanston pointed to the"legally obligated to pay" language of the CGL policy and argued coverage only extended to tort-based claims. Evanston argued the OPI lawsuit did not allege any tort claims, only warranty claims arising from contract. Second, Evanston contended the alleged "poor craftsmanship" giving rise to the claims in the OPI lawsuit that did not constitute an "occurrence" under the policy. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    World Green Building Council Calls for Net-Zero Embodied Carbon in Buildings by 2050

    November 18, 2019 —
    The World Green Building Council’s latest maneuver in its war against greenhouse gas emissions is a rallying cry for embodied-carbon reduction in buildings that involves global collaboration, communication, education, innovation and regulation. WGBC’s ambitious aim is to get to net-zero EC in all new construction and renovations by 2050. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at postn@enr.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Standard of Care

    December 16, 2019 —
    One of the key concepts at the heart of Board complaints and civil claims against a design professional is whether or not that design professional complied with the applicable standard of care. In order to prevail on such a claim, the claimant must establish (typically with the aid of expert testimony) that the design professional deviated from the standard of care. On the other side of the coin, to defend a design professional against a professional malpractice claim, defense counsel attempts to establish that – contrary to the claimant’s allegations – the design professional, in fact, complied with the standard of care. Obviously, it becomes very important in such a claim situation to determine what the standard of care is that applies to the conduct of the defendant design professional. Often, this is easier said than done. There is no dictionary definition or handy guidebook that identifies the precise standard of care that applies in any given situation. The “standard of care” is a concept and, as such, is flexible and open to interpretation. Traditionally, the standard of care is expressed as being that level of service or competence generally employed by average or prudent practitioners under the same or similar circumstances at the same time and in the same locale. In other words, to meet the standard of care a design professional must generally follow the pack; he or she need not be perfect, exemplary, outstanding, or even superior – it is sufficient merely for the designer to do that which a reasonably prudent practitioner would do under similar circumstances. The negative or reverse definition also applies, to meet the standard of care, a practitioner must refrain from doing what a reasonably prudent practitioner would have refrained from doing. Although we have this ready definition of the standard of care, in any given dispute it is practically inevitable that the parties will have markedly different opinions as to: (1) what the standard of care required of the designer; and (2) whether the defendant design professional complied with that requirement. The claimant bringing a claim against a design professional typically will be able to find an expert reasonably qualified (at least on paper) who will offer an opinion that the defendant failed to comply with the standard of care. It is just as likely that the counsel for the defendant design professional will be able to find his or her own expert who will counter the opinion of the claimant’s expert and maintain that the defendant design professional, in fact, complied with the standard of care. What’s a jury to think? The concept of standard of care is intertwined with the legal concept of negligence. In the vast majority of law suits against design professionals, a claimant (known as the plaintiff) will assert a claim for negligence against the design professional now known as the defendant.1 As every first year law student learns while studying the field of “Torts,” negligence has four subparts. In order for a defendant to be found negligent, the claimant must establish four elements: (1) duty; (2) breach; (3) causation; and (4) damages. In other words, to establish a claim against a defendant design professional, a plaintiff must demonstrate that the defendant owed the plaintiff a duty of care but breached that duty and, as a result, caused the plaintiff to suffer damages. Read the court decision
    Read the full story...
    Reprinted courtesy of Jay Gregory, Gordon & Rees Scully Mansukhani
    Mr. Gregory may be contacted at jgregory@grsm.com

    Tall Mass Timber Buildings Now Possible Under 2021 IBC Code Changes

    February 03, 2020 —
    The International Code Council (ICC) has approved 17 changes to the 2021 editions of the International Building Code (IBC) and International Fire Code, allowing for mass timber buildings up to 18 stories. With the addition of three new mass timber construction types (Type IV-A, IV-B, and IV-C), this is the first time in the history of the modern building code that significantly new construction types have been added to the code. Building Materials The primary building material that makes tall mass timber (TMT) buildings possible is cross-laminated timber (CLT). CLT is manufactured from dimension lumber (nominal 2x lumber) laid side-by-side or mass plywood panels of a specified width. Laminations of lumber are typically laid perpendicular to each other to form panels of various thicknesses that are bonded together using heat resistant adhesives that cure in large hydraulic presses. CLT commonly consists of an odd number of laminations. These solid wood panels can be anywhere from 6 inches to 20 inches nominal thickness and 60 feet long. Typical CLT panels will be 6 inches to 14 inches nominal thickness. The panels are fabricated off site, transported onto the construction site and assembled in a manner that is efficient and remarkably fast. CLT panels can be used as floor, wall, or roof building elements supported by glued-laminated beams and columns. Reprinted courtesy of Kenneth Bland, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Construction Executives Expect Improvements in the Year Ahead

    November 12, 2019 —
    Vistage’s recent survey captured responses from 1,463 CEOs of small and mid-sized businesses in a variety of industries across the United States. Included in this national data is 224 responses from CEOs in the construction industry, a reliable base for comparing the sentiment of CEOs in construction to the national base. Each quarter, the survey captures:
    • CEO sentiment on the current and future state of the national economy;
    • Expectations for revenue and profitability; and
    • Expansion plans, specifically hiring and investments.
    CONSTRUCTION CEOS ARE OPTIMISTIC ABOUT THE FUTURE When asked about revenue expectations, 65% of CEOs in construction reported projections for increased revenues in the coming year, which is on par with the national results. Additionally, 61% expect their profitability to improve over the next 12 months, notably higher than the national figure of 54%. Reprinted courtesy of Joe Galvin, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
    Read the full story...
    Reprinted courtesy of